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Keywords

injunctionwillpatenttrademark
plaintiffinjunctionappealpatenttrademarkappellant

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Hanna Mfg. Co. v. Hillerich & Bradsby Co., 78 F.2d 763, 101 A.L.R. 484, 26 U.S.P.Q. 201

Facts

Hillerich & Bradsby Company, a leading manufacturer of baseball bats, sued Hanna Manufacturing Company for trademark infringement and unfair competition. Hanna countered with a claim of patent infringement regarding its patent No. 1,770,403 for a method of treating baseball bats. The District Court found the patent invalid and ruled that Hillerich & Bradsby had exclusive rights to use the names of certain baseball players on their bats. The court granted an injunction against Hanna for using these names without permission.

This case deals with baseball bats; and with a patent, trade-marks, and unfair competition in the sale of them. Hillerich & Bradsby Company, an old and the largest manufacturer of bats, brought its bill against Hanna Manufacturing Company, a newcomer in the business, charging infringement of trade-marks and unfair competition.

Issue

Whether Hanna Manufacturing Company's use of player names on its bats constituted unfair competition and whether Hillerich & Bradsby had exclusive rights to those names.

Whether Hanna Manufacturing Company's use of player names on its bats constituted unfair competition and whether Hillerich & Bradsby had exclusive rights to those names.

Rule

The court held that while baseball players have a property right to their names, this right is not absolute and does not prevent others from using their names in a manner that does not imply endorsement. The use of a player's name must not mislead the public regarding the source of the goods.

Baseball players, like any other individuals, have a property right to their names. This property right is capable of assignment and has been assigned by certain players to the plaintiff, and the plaintiff has used and advertised such right and has such right exclusively, irrespective of any trademark or unfair competition law.

Analysis

The court analyzed the evidence regarding the use of player names and concluded that Hanna's use could mislead consumers into believing that the players endorsed their bats. However, the court also recognized that the names could be used to indicate the style of the bats, provided they were not misleading. The court found that the players' names were not being used in a way that constituted passing off, as Hanna's bats were clearly marked with their own trademark.

If appellant's use of these players' names in fact is calculated to lead buyers to suppose that these players are using Hanna bats and are indorsing them and permitting their names to be used on them, so that persons who would have bought Slugger bats are buying Hanna bats, there is an unfair and fraudulent thing done which the law may remedy.

Conclusion

The court modified the injunction to allow Hanna to use player names as long as they were accompanied by the words 'style' or 'shape,' thus preventing consumer confusion while allowing for truthful advertising.

The decree as above modified is affirmed, with costs of appeal equally divided between the parties.

Who won?

Hillerich & Bradsby Company prevailed in part, as the court upheld their exclusive rights to use player names on bats and granted an injunction against Hanna Manufacturing Company. The court recognized the importance of protecting established business goodwill and the rights of players to control the use of their names in commerce.

Hillerich & Bradsby Company prevailed in part, as the court upheld their exclusive rights to use player names on bats and granted an injunction against Hanna Manufacturing Company.

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